EEA nationals: retained and 'derivative' rights of residence for family members [Archived]
Produced in partnership with Sandra Akinbolu of The 36 Group

The following Immigration practice note produced in partnership with Sandra Akinbolu of The 36 Group provides comprehensive and up to date legal information covering:

  • EEA nationals: retained and 'derivative' rights of residence for family members [Archived]
  • Introduction
  • Important note on implications of Brexit
  • Retained rights of residence
  • Derivative rights of residence
  • Qualified persons resident in the UK for at least one year prior to death—retained rights
  • Direct descendant is in education and qualified person has died, departed or ceased being a qualified person
  • Retained rights
  • Derivative rights
  • Termination of marriage or civil partnership—retained rights
  • More...

EEA nationals: retained and 'derivative' rights of residence for family members [Archived]

ARCHIVED: this Practice Note is no longer maintained as it covers the implementation of EU free movement law in the UK prior to IP completion day, on which date domestic legislation implementing EU free movement law was revoked, subject to certain savings and modifications. For further details, including of the relevant savings and the position of CJEU case law, see Practice Note: What does IP completion day mean for Immigration?. The Practice Note has been retained in archived form for historical interest, because EU law as previously implemented in the UK remains relevant in certain limited situations. For historical versions of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, including immediately prior to revocation, see Legislation.gov.uk. For the ongoing development of EU free movement law in EU Member States, see: Immigration, employment & share incentives (EU Law)—overview.

Introduction

Important note on implications of Brexit

This Practice Note looks at the conditions for obtaining retained and derived rights of residence under EU free movement law, as implemented in the UK until the end of the Brexit transition period (31 December 2020) by the Immigration (European Economic Area) Regulations 2016 (EEA Regs 2016), SI 2016/1052.

All EEA nationals (other than Irish nationals) and non-EEA nationals relying on EU residence rights will need to have applied for pre-settled or

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